Case Summary
LWVTX and co-plaintiffs filed a federal lawsuit to ensure Texas complied with the National Voter Registration Act (NVRA) and allow citizens to register to vote through the Department of Public Safety’s (DPS) online system. Under the NVRA, states must give voters applying for, renewing, or updating a driver’s license the option to simultaneously register to vote. DPS had not been offering this option online, leading to over 1.5 million Texans per year being deprived of the right to register to vote in this manner.
The League of Women Voters of Texas (LWVTX), MOVE Texas, and three individual plaintiffs filed a federal lawsuit against the Texas Secretary of State and the Director of the Texas Department of Public Safety (DPS) to ensure compliance with the National Voter Registration Act (NVRA) or “motor voter” law.
Under the NVRA, a landmark voting law the League helped enact in 1993, states are required to offer voter registration opportunities when citizens apply for a driver’s license. This requirement includes mail-in and online applications for renewing or changing one’s address. In the years leading up to this litigation, Texas violated the motor voter law by resisting online voter registration for those requesting a driver’s license, renewal, or change-of-address online.
The DPS online license application portal did not have an option to simultaneously register to vote. The only way to register to vote while dealing with driver’s license processes was to go to DPS in person, placing an additional burden upon Texans attempting to register to vote. As of January 2020, the inability to register to vote online impacted over 1.5 million Texans each year.
On January 14, 2020, plaintiffs sued in the United States District Court for the Western District of Texas, San Antonio Division, to force Texas to comply with the NVRA’s voter registration provisions and the right to vote under the First and Fourteenth Amendments.
This suit was the newest challenge to Texas’ practice of not allowing those applying for driver’s licenses online to simultaneously register to vote, in violation of the NVRA. One of the named plaintiffs in this case, Jerrod Stringer, had already been a named plaintiff in two other cases against Texas for the same issue. In those cases, the courts ruled that Texas must change its online DPS system to allow voter registration; however, the State failed to do so.
Along with the complaint, the plaintiffs filed an emergency application for a preliminary injunction on January 14, 2020, so the named plaintiffs could vote in the upcoming election.
In August 2020, the court granted further relief, requiring Texas to update the online DPS system and allow all voters to register to vote when they update drivers’ license information online.
After this injunction was granted, the court ordered both parties to enter mediation for the remaining claims at issue. On August 2, 2021, the parties informed the court they had reached a settlement and asked the court to dismiss the case. Under the settlement, Texas DPS and the Secretary of State will comply with the NVRA by making the changes to the online driver license renewal and change-of-address process permanent. This will ensure voter registration is available to all DPS applicants. Additionally, the defendants will include language on the DPS online portal to accurately reflect the process for handling voter registration requests to ensure applicants have the necessary information. On August 4, 2021, the court granted the motion to dismiss the case.
The League was represented in this matter by the Texas Civil Rights Project and Waters & Kraus, LLC.
LWV Timeline
LWVTX and co-plaintiffs file lawsuit
LWVTX and co-plaintiffs file a lawsuit in federal court, asserting that the Texas Secretary of State and Department of Public Safety’s failure to allow driver’s license applicants to simultaneously register to vote violates the National Voter Registration Act and the First and Fourteenth Amendments.
Plaintiffs file motion for preliminary injunction
Plaintiffs request the court grant an order registering the individual plaintiffs to vote in time for the March 3, 2020, primary election, among other relief.
Court grants plaintiffs’ emergency application for preliminary injunction
The district court partially grants the plaintiff’s emergency application for a preliminary injunction, ordering defendants to ensure the three individually named plaintiffs’ change-of-address forms completed through the DPS website are used to update their voting address, so they can vote.
Court grants remaining requests in plaintiffs’ preliminary injunction motion
The district court orders the defendants to “come into compliance with the NVRA and the U.S. Constitution and establish a DPS system that treats each online driver’s license renewal or change-of-address application as a simultaneous application for voter registration” that can be operated by the public by September 23, 2020.
Court orders parties to mediate remaining claims
The district court, after granting plaintiffs’ preliminary injunction, orders the parties to mediate the remaining claims within 90 days and file a written advisory after they have completed mediation by May 24, 2021.
Parties agree to a settlement and move to dismiss the case
The parties settle the case and request that the court dismiss the case. The settlement states that defendants will continue to use the “changes to the online driver license renewal and change-of-address process to ensure simultaneous voter registration is available to applications.”
Court dismisses case
The district court approves the joint motion to dismiss and dismisses all claims brought by the parties with prejudice.